Judge dismisses suit of Molly Bish tipster

Wednesday

Jul 16, 2014 at 6:00 AMJul 16, 2014 at 12:14 PM

By Gary V. Murray TELEGRAM & GAZETTE STAFF

WORCESTER - A judge this morning dismissed the civil suit by a man who says he is deserving of a $100,000 reward for information he supplied to investigators in the Molly Bish case. Judge David Ricciardone granted a motion by the defense that he issue a directed verdict, indicating that as a matter of law a jury was left to rule in favor of the defense

See full story on dismissal.

WORCESTER — District Attorney Joseph D. Early Jr. told a jury yesterday he agreed with his predecessor, John J. Conte, that Timothy S. McGuigan is not entitled to reward money offered in the Molly A. Bish investigation.

Mr. Early testified in Worcester Superior Court that the $100,000 reward, first offered in 2000, was for information leading to the arrest and conviction of the person responsible for the abduction and killing of Ms. Bish, a 16-year-old who vanished from her lifeguard post at Comins Pond in Warren on June 27, 2000.

Mr. Early, who replaced Mr. Conte as district attorney in 2007, was called as a defense witness in a civil trial resulting from a breach of contract lawsuit Mr. McGuigan filed against the district attorney's office after his application for the reward money was rejected by Mr. Conte and Mr. Early.

A former police officer in North Brookfield and Sturbridge, Mr. McGuigan sought the reward after leading investigators in 2003 to a remnant of Ms. Bish's bathing suit that was found by a hunter on a hillside in Palmer. The discovery of the bathing suit led police to Ms. Bish's remains.

No one has been charged in the killing.

Mr. McGuigan's claim that he is entitled to the reward money is based, in part, on the fact that some posters distributed as part of the ongoing investigation into Ms. Bish's death, stated that the $100,000 in private donations would be paid "for information leading to Molly."

Those posters were produced by the Polly Klaas Foundation, a nonprofit group in California that assists families of missing children. One such poster was displayed for a long period of time on the bulletin board at the state police barracks in Brookfield, according to Mr. McGuigan.

Mr. Conte testified Monday that all of the posters authorized by his office clearly stated that the reward money was intended for information leading to the arrest and conviction of Ms. Bish's killer. The 84-year-old Mr. Conte said Mr. McGuigan had not met the stated terms.

Under questioning by Assistant Attorney General Helene Kazanjian, Mr. Early acknowledged writing a Jan. 17, 2007, letter to Mr. McGuigan's former lawyer, Stephen Hrones, stating that he concurred with Mr. Conte's position on the reward money.

State Police Major Richard D. McKeon, formerly a supervisor in the state police detective unit assigned to the local district attorney's office, was the last witness called by Mr. McGuigan's lawyer, Leonidas Chakalos, before he rested the plaintiff's case Tuesday.

Major McKeon testified that he was involved in the Bish investigation and was aware that Ms. Bish's family was working with the Polly Klaas Foundation. He said he was uncertain whether he shared that information with Mr. Conte or with Detective Lt. Francis E. Moore, who was then in charge of the state police detective unit.

Under cross-examination by Ms. Kazanjian, Major McKeon said all of the reward posters approved by Mr. Conte stated that the $100,000 was intended for information leading to the arrest and conviction of the person or persons responsible for Ms. Bish's death. He said neither Mr. Conte nor the state police detective unit authorized the posters that were produced by the Polly Klaas Foundation.

Robert Ebersold of Chatham, who donated $10,000 in 2000 to supplement the reward being offered in the Bish case, told the jury he pledged the money with the understanding that it would be paid for information leading to an arrest and conviction. Mr. Ebersold, who said his daughter, Kathy, was murdered in 1979, testified that he withdrew the pledge in 2001, when it appeared that the financial incentive was not producing the desired results.

"Absolutely not," Mr. Ebersold replied when asked by Ms. Kazanjian whether Mr. McGuigan would have been entitled to the reward money for leading investigators to Ms. Bish's bathing suit.

Ms. Kazanjian elicited similar responses from David H. Tuttle of Barre and Reed Hillman of Sturbridge.

Mr. Tuttle, a former state representative who now works as superintendent of the Worcester County Jail and House of Correction in West Boylston, testified that he was a friend of the Bish family and that he pledged $5,000 to supplement the reward.

Mr. Hillman, also a former state representative and the retired commander of the Massachusetts State Police, said he donated $10,000 in reward money through his campaign committee.

Both said they did not believe Mr. McGuigan was entitled to the funds.